← Library
Madras High CourtCRL OP(MD)/11211/2019ordered

Siva v. The Deputy Superintendent Of Police

2019-08-08Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.11211 of 2019 Siva : Petitioner Vs.

State represented by its 1.The Deputy Superintendent of Police, Samayanallur Taluk, Madurai District.

2.The Inspector of Police, Samayanallur Police Station, Madurai District.

(In Crime No.126 of 2019) 3.Gomathi 4.Saravanan : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the learned III Additional District and Sessions Judge cum Special Judge (PCR), Madurai, to Consider the bail application of the Petitioner on the same day of his surrender before that court in connection with Crime No. 126 of 2019 on the file of the respondent after hearing the victims under Section 15 (a) of the SC/ST Act.

For Petitioner : Mr.V.Malaiyendran For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side) ******

ORDER

The petitioner seeks for a direction to the learned III Additional District and Sessions Judge cum Special Judge (PCR), Madurai, to Consider the bail application of the Petitioner on the same day of his surrender in connection with Crime No. 126 of 2019 on the file of the second respondent after hearing the victims under Section 15 (a) of the SC/ST Act.

2. The petitioner is the eleventh accused for the offences punishable under Sections 294(b), 147, 148, 427, 341, 452 and 324 of the Indian Penal Code and Sections 3 (1) (r), 3(1) (s) and 3 (1) (va) of SC / ST (Prevention of Atrocities) Amendment Act, 2015, in Crime No.126 of 2019, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition. https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. Considering the nature of offences alleged against the petitioner and also considering the fact that anticipatory bail cannot be granted in respect of offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, this Court feels it appropriate to direct the petitioner to surrender before the learned III Additional District and Sessions Judge cum Special Judge, PCR Court, Madurai, within a period of two weeks from the date of receipt of a copy of this order and file a bail application and on filing such bail application, the learned Judge is directed to consider the bail application of the petitioner on merits and pass appropriate orders on the same day of his surrender. The petitioner is directed to comply with the provisions under Section 15-A(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

5. The Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) To 1.The III Additional District and Sessions Judge cum Special Judge (PCR Court), Madurai, 2.The Deputy Superintendent of Police, Samayanallur Taluk, Madurai District.

3.The Inspector of Police, Samayanallur Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.V.SELVA, Advocate SR-81004.

Order made in CRL.O.P.(MD).No.11211 of 2019 08.08.2019 https://hcservices.ecourts.gov.in/hcservices/ CS(16.08.2019) 2P 6C